3745-266-205
Standards applicable to the storage of waste military munitions.

(A)
Criteria for
hazardous waste regulation of waste non-chemical military munitions in storage.

(1)
Waste military munitions in storage that
exhibit a hazardous waste characteristic or are listed as hazardous waste in
Chapter 3745-51 of the Administrative Code, are listed or identified as a
hazardous waste (and thus are subject to regulation under Chapters 3745-50,
3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205,
3745-256, 3745-266, 3745-270, 3745-273, and 3745-279 of the Administrative
Code), unless all the following conditions are met:

(a)
The waste military munitions are not
chemical agents or chemical munitions.

(b)
The waste military munitions
shall be
subject to the jurisdiction of the department of defense explosives safety
board (DDESB).

(c)
The waste
military munitions shall be stored in accordance with the DDESB storage
standards applicable to waste military munitions.

(d)
Within ninety days after December 7, 2004
or within ninety days after a storage unit is first used to store waste
military munitions, whichever is later, the owner or operator
shall
notify the director of the location of any waste storage unit used to store
waste military munitions for which the conditional exemption in paragraph
(A)(1) of this rule is claimed.

(e)
The owner or operator shall provide verbal notice to the director within
twenty-four hours after the time the owner or operator becomes aware of any
loss or theft of the waste military munitions, or any failure to meet a
condition of paragraph (A)(1) of this rule that may endanger health or the
environment. In addition, a written submittal describing the circumstances
shall be
provided within five days after the time the owner or operator becomes aware of
any loss or theft of the waste military munitions or any failure to meet a
condition of paragraph (A)(1) of this rule.

(f)
The owner or operator
shall
inventory the waste military munitions at least annually,
shall
inspect the waste military munitions at least quarterly for compliance with the
conditions of paragraph (A)(1) of this rule, and shall maintain
records of the findings of these inventories and inspections for at least three
years.

(g)
Access to the stored
waste military munitions shall be limited to appropriately trained and
authorized personnel.

(2)
The conditional exemption in paragraph
(A)(1) of this rule from regulation as hazardous waste applies only to the
storage of non-chemical waste military munitions. The exemption does
not affect the regulatory status of waste military munitions as hazardous
wastes with regard to transportation, treatment, or disposal.

(3)
The conditional exemption in paragraph
(A)(1) of this rule applies only so long as all of the conditions in paragraph
(A)(1) of this rule are met.

(B)
Notice of termination of waste storage.
The owner or operator shall notify the director when a storage unit
identified in paragraph (A)(1)(d) of this rule will no longer be used to store
waste military munitions.

(C)
Reinstatement of conditional exemption. If any waste military munition loses
the
conditional exemption under paragraph (A)(1) of this rule, an application may
be filed with the director for reinstatement of the conditional exemption from
hazardous waste storage regulation with respect to such munition as soon as the
munition is returned to compliance with the conditions of paragraph (A)(1) of
this rule. If the director finds that reinstatement of the conditional
exemption is appropriate based on factors such as the owner's or operator's
provision of a satisfactory explanation of the circumstances of the violation,
or a demonstration that the violations are not likely to recur, the director
may reinstate the conditional exemption under paragraph (A)(1) of this rule. If
the director does not take action on the reinstatement application within sixty
days after receipt of the application, then reinstatement is deemed granted,
retroactive to the date of the application. However, the director may terminate
a conditional exemption reinstated by default in the preceding sentence if
the
director finds that reinstatement is inappropriate based on factors such
as the owner's or operator's failure to provide a satisfactory explanation of
the circumstances of the violation, or failure to demonstrate that the
violations are not likely to recur. In reinstating the conditional exemption
under paragraph (A)(1) of this rule, the director may specify additional
conditions as are necessary to ensure and document proper storage to protect
human health and the environment.

(1)
Waste military munitions that are
chemical agents or chemical munitions and that exhibit a hazardous waste
characteristic or are listed as hazardous waste in Chapter 3745-51 of the
Administrative Code, are listed or identified as a hazardous waste and are
subject to the "hazardous waste rules" as defined in rule
3745-50-10 of the Administrative
Code.

(2)
Waste military munitions
that are chemical agents or chemical munitions and that exhibit a hazardous
waste characteristic or are listed as hazardous waste in Chapter 3745-51 of the
Administrative Code, are not subject to the storage prohibition in rule
3745-270-50 of the
Administrative Code.

[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]